Adam Bialek

Adam Bialek

Wilson Elser

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Supreme Court Requires Proof of Criminal Intent Even If Facebook Threats Are Obvious to a Reasonable Person

On June 1, 2015, in Elonis v. United States, ____ U.S. ___ (2015) (Docket #13-983), a case involving statements made on the Criminal Defendant/Petitioner’s Facebook page, the U.S. Supreme Court reversed the Third Circuit’s...more

6/16/2015 - Criminal Prosecution Elonis v US Facebook First Amendment Intent Online Threats SCOTUS Social Media Social Networks Specific Intent Threats

Michael Jordan Defends His Right to Remain in Court to Protect His Likeness

On March 19, 2015, Wilson Elser published “Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer,” an Alert concerning a case in which Michael Jordan was denied summary judgment on his...more

6/15/2015 - Advertising Advertising Injury Celebrities Celebrity Endorsements Commercial Speech False Advertising False Endorsements First Amendment Lanham Act Michael Jordan Motion for Reconsideration Motion for Summary Judgment Name and Likeness Right of Publicity Standing Trademark Infringement

Chinese Court Stuns New Balance with $16 Million Verdict: Lessons on Doing Business in China

On April 24, 2015, Guangzhou Municipal Intermediate People’s Court in south China’s Guangdong Province stunned Xinbailun Trade (China) Co., the local sales company for the well-known U.S. sports brand New Balance, with a $16...more

6/10/2015 - China Likelihood of Confusion New Balance Trademark Infringement Trademark Registration Trademarks

.SUCKS Fights Back against Critics: Is It Enough to Convince Brand Owners to Buy the Domain?

Many brand owners are holding out to see whether the Federal Trade Commission (FTC), or any other government agency in the United States or elsewhere, takes action against Vox Populi Registry Ltd. (Vox Populi) over what some...more

5/20/2015 - Brand Domain Names FTC gTLD ICANN Trademark Clearinghouse Vox Populi

Right to Criticize Gets a Bigger Public Platform on the Internet with the Introduction of .sucks Domains

The Internet Corporation for Assigned Names and Numbers, more commonly known as ICANN, has recently approved more than a thousand new general top-level domains (gTLDs), which are anticipated to launch over the next few years....more

4/17/2015 - Domain Names gTLD ICANN Trademarks

A New Weapon to Combat Cybersquatting: File Suit against Domain Registrars and Hosting Companies

Cybersquatting, under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a...more

4/14/2015 - ACPA Cybersquatting Domain Names Entertainment Industry GoDaddy.com ICANN Popular Trademark Infringement Trademarks UDRP

“Raging Bull” Settles but Its Repercussions Persist

The United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., et al., 134 S. Ct. 1962 (U.S. 2014) delivered a clear message to copyright holders and those who wish to capitalize on those copyrights. The...more

4/10/2015 - Copyright Copyright Infringement Film Industry Laches Movies Petrella v. MGM Raging Bull SCOTUS Statute of Limitations The Copyright Act

Is Ignorance Bliss for Website Users Confronting Terms of Use Agreements?

Have website agreements gone too far? Can too much disclosure cause people to no longer care enough about Terms of Use (TOU) to read them fully before agreeing to them?...more

4/6/2015 - Notice Requirements Terms of Use Websites

Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer

In 2009, Michael Jordan was inducted into the Basketball Hall of Fame. To commemorate Jordan’s career, Time Inc. published a special Sports Illustrated Presents issue that included congratulatory “advertisements” from several...more

3/23/2015 - Advertising Athletes Basketball Jewel-Osco Michael Jordan Popular Right of Publicity Sports

California Jury Finds “Blurred Lines” Infringed “Got to Give It Up”: Society’s Mixed Signals on Copying and Intellectual Property...

On Tuesday, March 10, 2015, a California federal jury returned a verdict finding that Robin Thicke and Pharell Williams had copied Marvin Gaye’s 1977 song “Got to Give It Up” when writing Thicke’s 2013 hit, “Blurred Lines.”...more

3/16/2015 - Copyright Copyright Infringement Copyright Litigation First Amendment Intellectual Property Litigation Marvin Gaye Music Music Industry

Ninth Circuit Court of Appeals Demands More from Website Operators Before Terms of Use Will Bind Users

The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12–56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in...more

10/20/2014 - Appeals Arbitration Agreements Barnes and Noble Clickwrap Agreements Constructive Notice Contract Interpretation eCommerce Internet Retailers Retailers Terms of Use

United States to Relinquish Remaining Control of the Internet and Oversight of the Internet Corporation for Assigned Names and...

On Friday, March 14, 2014, after a little more than 15 years of control, the United States National Telecommunications and Information Administration (NTIA) announced its intention to relinquish its remaining control of the...more

3/18/2014 - ICANN NTIA

A “Raging Bull” in the U.S. Supreme Court

On October 1, 2013, the Supreme Court of the United States granted the Ninth Circuit’s petition for a writ of certiorari in Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. Cal. 2012), and will hear an appeal by...more

10/7/2013 - Certiorari Laches MGM SCOTUS

Supreme Court Declines to Decide Whether the “First Sale Doctrine” Should Apply to Patent Law

On March 25, 2013, the U.S. Supreme Court denied the petition for certiorari filed by Ninestar Technology Co. in a case decided by the Federal Circuit Court of Appeals last year captioned Ninestar Tech. Co. v. ITC (Supreme...more

4/1/2013 - Cease and Desist Copyright Infringement First Sale Doctrine Foreign Commerce Imports ITC Patent Exhaustion Patents The Copyright Act

International Reach Given to First Sale Doctrine in Kirtsaeng Deals a Blow to Copyright Owners

In a decision likely to have broad implications on international consumerism and alternative markets, the Supreme Court, in Kirtsaeng v. John Wiley & Sons, articulated the contours of the Copyright Act’s first sale doctrine...more

3/21/2013 - Copyright Copyright Infringement First Sale Doctrine Foreign Jurisdictions Imports Kirtsaeng v. John Wiley & Sons SCOTUS Textbooks The Copyright Act

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